MINDTECH COMMUNICATIONS HB LICENSE AGREEMENT

Acceptance of this License Agreement is required before you may have access to or use any software product or associated documentation authored by MindTech Communications HB. Please review the terms of this License Agreement.

All Virtual software, including all upgrades, modifications, updates and copies, (collectively MindTech Communications Online System Software) and associated materials (Documentation) is the property of MindTech Communications HB. The Online System Software and Documentation includes valuable proprietary information and trade secrets owned by MindTech Communications HB. The Online System Software and Documentation is protected by copyrights in Sweden and throughout the world. Some or all of the Online Software may be subject to patents and pending patent applications in Sweden and elsewhere.

For each unit of MindTech Software and Documentation that you order and pay for, or that is paid for by your employer or an authorized third party, you are granted a license to use that MindTech Software unit and documentation in accordance with the license terms appearing below.

This license grants you the right to install, use, and store a copy of the MindTech Software unit on each computer that you personally use and control. If you obtain access to the Online System Software from your employer or other party authorized to distribute the MindTech Software, the terms of the license agreement with them may be different, but for purposes of your possession and use of MindTech Software, the terms of this License Agreement apply.

Only you are authorized to use the Online System Software. The Online System Software may not be used by multiple users. You may not make the Online System Software available electronically on any system that allows access by multiple users. (A separate license for network use is available.)

You may print out one copy of all Documentation related to the Online System Software unit or units acquired and paid for but only for your own use.

Any authorized copies of the Online System Software or Documentation that you make pursuant to this License Agreement must contain the same copyright and other proprietary notices that appear on or in the Online System Software and Documentation.

Except for your computer and backup copies, you may not copy the Online System Software. You further agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Online System Software.

You hereby agree not distribute, export, rent, sub-license, or lease, or otherwise transfer the Online System Software to anyone without the prior written permission of MindTech Communications.

Trademarks can only be used to identify printed output produced by the Online System Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly granted in this License Agreement, you have no right or interest in any intellectual property rights belonging to MindTech Communications.

The license and your right to use any Online System Software unit automatically will terminate if you violate any provision of this License Agreement. On such termination, all copies of Online System Software units and Documentation must be returned to MindTech Communications or destroyed.

No warranty. Our online software is being delivered to you AS IS and MindTech Communications makes no warranty as to its use or performance. OUR ONLINE SOFTWARE AND DOCUMENTATION IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. MINDTECH COMMUNICATIONS AND ITS AUTHORIZED SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, PERFORMANCE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. IN NO EVENT WILL MINDTECH COMMUNICATIONS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN MINDTECH COMMUNICATIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

The Online System Software is intended to be used for the sole purpose of personal training. MindTech Communications and its suppliers cannot, and do not, guarantee that you will achieve any specific level of education or expertise. MINDTECH COMMUNICATIONS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY LIABILITY ARISING FROM THE IMPROPER USE OR MISUSE OF THE ONLINE SYSTEM SOFTWARE OR DOCUMENTATION.

This License Agreement, the license granted herein and the warranty shall be governed by the laws of Sweden. All disclaimers of warranties and limitations on liability in this agreement shall continue in effect even after this agreement is terminated.

You agree that no MindTech Communications Software will be shipped, transferred or exported into any country or used in any manner prohibited by the Swedish Export Administration or any other export laws, restrictions or regulations.

THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF MINDTECH COMMUNICATIONS OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION OR UNDERSTANDING BY OR ON BEHALF OF MINDTECH COMMUNICATIONS OR ITS SUPPLIERS REGARDING THE ONLINE SOFTWARE OR DOCUMENTATION. THIS LICENSE AGREEMENT MAY ONLY BE AMENDED IN A WRITING SIGNED BY MINDTECH COMMUNICATIONS.

For any purpose of notice to MindTech Communications required or authorized under in this License Agreement, the following address may be used. Any such notice shall be by a form of communication requiring receipt or acknowledgment by MindTech Communications.

MindTech Communications HB
Källsberg Smedsborg
590 94 Blackstad
Sweden

MindTech Communications may change this address at any time.

You accept this License Agreement by registering with MindTech Communications Online Software. By accepting this License Agreement, you acknowledge that you have read and understand this agreement and that you agree to be bound by its terms. You may reject this license by terminating your registration process.

Copyright © 2003 Mindtech Communications, All rights reserved.